BLU Phones Spyware Class Action Lawsuits Consolidated

Two class action lawsuits alleging BLU Products, a cell phone manufacturer, installed spyware into phones that sent users’ private information to China were consolidated by a Florida federal court.

U.S. District Judge Marcia G. Cooke determined that two cases filed over the alleged spyware, one in Florida and the other in California, should be consolidated into a single action.

The judge noted that consolidation was appropriate because the lawsuits “are related as they involve substantially the same or similar operative facts and parties.”

Plaintiff Aaron Bonds alleged in his class action lawsuit filed in Florida last November that BLU products planted spyware in Android phones it produced. According to the class action, the spyware sent personal information about users, including text messages, to a server in China.

Several weeks later, plaintiff Vincent Aguilar filed a class action lawsuit in California that made similar allegations against BLU Products. Both plaintiffs alleged that the company violated the federal Wiretap Act, the Electronic Communications Privacy Act and the Magnuson-Moss Warranty Act. The plaintiffs also claimed that BLU Products invaded users’ privacy and committed trespass.

The class actions allege that spyware installed in various models of BLU cell phones intercepts and transmits personal information about users, including contact lists, call histories, unique device identifiers, the full content of their text messages, and information about the users’ physical locations, to a server in Shanghai.

Another company was implicated in the class action lawsuits for developing the spyware, Adups firmware. According to the class action lawsuits, the firmware company designed the spyware to circumvent phone security systems. The plaintiffs allege that the firmware is not detected because it was installed by the manufacturer. One plaintiff alleged that he only became aware of the alleged security violation after Amazon warned him of a potential security breach.

A federal judge in California had dismissed Adups from the class action at the request of the plaintiff. However, under Judge Cooke’s order, all orders in that case are vacated and Adups will remain a defendant in the consolidated class action.

The consolidated lawsuit seeks to represent a nationwide Class of persons who purchased or owned various models of BLU cell phones since Nov. 15, 2016 which contain the Adups firmware. The plaintiff in the class action originating in California also seeks to represent a California subclass for alleged violations of California state law.

The phones at issue, according to the class action, are the R1 HD, Energy X Plus 2, Studio Touch, Advance 4.0 L2, Neo XL, or Energy Diamond – containing Adups firmware in any version from 5.0.x to 5.3.x.

Bonds is represented by Amy Zeman, Daniel C. Girard, Jordan Elias and Esfand Y. Nafisi of Girard Gibbs LLP.

Aguilar is represented by Richard J. Lantinberg and Norwood S. Wilner of The Wilner Firm, Lori G. Feldman and Courtney E. Maccarone of Levi & Korsinsky LLP, and Janine L. Pollack and Correy A. Kamin of Wolf Haldenstein Adler Freeman & Herz LLP.

The BLU Phones Spyware Consolidated Class Action Lawsuit is In re: Blu Products Inc. Privacy Breach Litigation, Case No. 1:16-cv-24892, in the U.S. District Court for the Southern District of Florida.